In
American history, education was considered a private, religious, philanthropic
undertaking. In this regard, the central government should only be in the
position of assistance and guidance. After independence, the federal
constitution does not have the provisions of education, and does not give the
federal government the authority to lead education, while the state regulates
education, thus forming the education administrative system with local
decentralization. When America started its universities, the government adopted
a laissez-faire policy towards higher education, and certainly no special
higher education law. After the civil war, because of the urgent need to
develop industry and commerce, congress passed the morrel act in 1861 when
Lincoln was President. Since the morrell act came out, the American higher
education law has been in development for only a hundred years. However, in
this short process, American higher education law has achieved amazing development,
especially since the 1950s, with the great changes in social production and
life and the development of higher education itself, American higher education
laws have mushroomed. Among the most famous laws are: national defense
education law, higher school equipment law, higher education law, higher
education amendment law, etc. The emergence of these laws has largely
contributed to the rapid development of higher education in the United States.
The higher education law of the United States is very rich in content, and the
level is relatively perfect, such as the federal higher education law, the
state higher education law, the local higher education law, as well as the
university's own "law", they have become the important leverage and
benchmark for the development of the American higher education career.

Americans
value of higher education, as early as colonial times that a college is the
main tool transfer science culture, so with British university based on
successively built, wei and ? Mary school of government at Harvard University,
Yale university and Dartmouth chang institute 9 private higher schools, the
purpose is to cultivating talents, church leaders its right to hold in the
hands of the church. After the United States declared its independence from the
United Kingdom, the federal government was established, and the public
intellectuals advocated the establishment of public universities in view of the
importance of higher education to the establishment of a democratic society. In
1787, congress passed the northwest act, stipulating that "religion,
morality, and knowledge are necessary for good government and human happiness,
and schools and education facilities will be permanently encouraged." By
statute, the federal government gave five million acres of land to a state
university in the northwestern state of Ohio, beginning both the higher
education legislation and the land grant college. In 1819, when the state
government of New Hampshire wanted to replace Dartmouth college as a state
university, the college hired lawyers to file complaints with the Supreme
Court. The Supreme Court, pursuant to article 10, paragraph 1, of the
constitution, states shall not, by any statute, undermine the contract by
ruling that the act of the state government is unconstitutional. The decision
gave legal protection to private universities, which have grown rapidly. Since
the state could not change private to state universities, the states committed
themselves to the creation of state universities. In 1862, congress passed the
morrell act, which required each state to have one member of congress and one
member of congress, and the federal government established agricultural or
engineering colleges on 30,000 acres of land. The hatch act, passed in 1887,
for the first time provided that the federal government did not provide direct
financial assistance to land grant colleges through the states in which they
were located to open agricultural research stations and support the
dissemination and dissemination of agricultural research and results.

After
World War II a large number of demobilized soldiers poured into colleges and
universities with the support of the gi bill. Education has developed rapidly
through multi-channel and multi-form education. In 1957, when the Soviet union
launched its first satellite, international competition increased. The United
States saw itself lagging behind the Soviet union in science and technology. It
is required to strengthen the teaching of science, mathematics and modern
foreign languages, and to determine the granting of scholarships and loans to
graduate students to encourage them to enrich the faculty of higher education
and improve the teaching quality of education. To further implement the
national defense education law, the government has also passed a series of
separate regulations, such as the advanced education facility act of 1963,
which provides special grants and loans to science, mathematics, modern foreign
languages, engineering and other disciplines. The health professional education
assistance act, passed in the same year, provides grants and loans to students
majoring in health and invests in the construction or improvement of teaching
and research facilities for health majors. In order to adapt to the new
strategic situation of the United States' transition to economic and
technological development, in 1965, congress formulated and passed the higher
education act, which made a new adjustment to higher education, strengthened
the comprehensive financial support, and increased various economic and
management disciplines as the support focus. The education career development
act of 1967 was a special amendment, the higher education law implementation of
grandiose plans for the staff training, provides the high quality for the
education workers opportunities for career preparation, and to encourage
creative people of talent in science and skills as a teaching job, make normal
education program to meet the needs of the schools and universities. In 1972,
congress passed two amendments to higher education act, both of which further
specified the federal government to expand and increase funding for higher
education, and explicitly prohibited schools from practicing gender
discrimination in admissions policies to promote the democratization of higher
education.

From
the source of higher education legislation in the United States, we can see
that the Dartmouth college decision shows that it is not feasible to change the
old university by administrative means, so it is changed into legislative
means. The northwest act is the first example of the federal government's
influence on institutions of higher learning through legislation. The morel act
is reforming the old material of higher education, its legislative purpose of
mainly through land grant to create, change of higher education of the
university of internal structure, improve the heavy practical, personality,
education equality of opportunity, and primary and secondary school education
of the higher education system in the nation's political and economic service,
serve for the industrial revolution, promote the modernization of industrial
and agricultural production. In order to promote the realization of this
purpose, the hatch act provided that the federal government could directly
provide funding for universities, support colleges and universities to open
agricultural science and technology experimental stations, strengthen the
promotion of agricultural science and technology in the United States, and make
the higher education system closely linked with the political and economic
system of the United States. The national defense education law is the response
to the Soviet union first launched the first man-made satellite, knowledgeable
people in the United States, the United States in the field of high-tech
competition lose, the most fundamental reason lies in education, especially
higher education has failed to meet the needs of the development of science and
technology and national defense construction, the cultivation of the advanced
science and technology and engineering and technical personnel, both in
quantity and quality lags behind that of the Soviet union. The higher education
law, the key analysis with respect to its content, legislative purpose lies in
the national defense education law and an overhaul of the higher education
facilities act and reinforcement, the aim is to expand again and update the
teaching and research facilities, improve the training ability and the quality
of institutions of higher learning, strengthen the institutions of higher
learning and social practice, such as politics, economy, science and
technology, national defense closely, expand the social functions of
institutions of higher learning. Thus, the act provided that the federal
government provided $25 million in aid for the fiscal years 1965-1966, and $50
million each for the next two years, to fund institutions of higher learning
for local economic development, to carry out various adult education and
continue education; We should encourage institutions of higher learning to
participate in solving various social and practical problems in their
communities and promote the development of community economy and technology.

The
development of higher education law in the United States has its own political
reasons, such as stabilizing social order, developing people's intelligence,
promoting social development and improving the quality of the population, but
it is also an embodiment of the inherent requirements of the development of
higher education. The development of education must be supported and guaranteed
by complete legal system and administrative system, so as to develop in a
healthy, orderly and efficient way. Although the U.S. government's higher
education legislation is not long, it shows great advantages due to its own
inherited legal culture. The whole education legal system is the main body of
written law, as the main basis of precedent, because with the popularization
and development of education and its rising status, it urgently needs state
intervention, support and regulation. As a result, written law developed
rapidly. According to the national education statistical center, from the
founding of the United States to 1978, congress passed 87 laws on education. As
for legislation involving higher education, it is also numerous. Major have the
morel act in 1862, the hatch act in 1887 and 1890 the morel - McComas act,
passed in 1958, the national defense education act, 1963 of the act of higher
education facilities, the vocational education law, the health professional
education assistance act and the higher education act of 1968 and 1972
amendment. But case law is an important addition. For example, the principle of
preferential treatment for college admissions was established by the Supreme Court
in the California board of directors v. baker case in 1978. Moreover, the whole
education legal system is relatively perfect, and the legal system is more
detailed and rigorous. The horizontal structure is rich in content, covers a
wide range, and covers a wide range of education, involving all aspects of
national education. There is a complete set of supporting systems with a
distinct vertical structure and orderly hierarchy. Under the constitution, the
national assembly or the state assembly shall formulate various basic education
laws to clearly define the basic principles and major guidelines for education
behavior in related fields. Under each education law, the government or
education administrative department shall formulate low-level legal documents,
mainly to provide supporting services for the specific implementation of the
law, and make clear and detailed provisions on various issues that may be
involved in the implementation of the law. Even universities and colleges have
their own court of arbitration. The relationship between each level of
education regulations is that its principle decreases successively and its
content operability increases successively. That is administering in the United
States, the education law execution and supervision of increasingly mature,
thanks to the United States has a strict system of education law enforcement
with education sovereign states, the federal government has no direct
jurisdiction in colleges and universities, only through the education funding
form briefly infiltration education will, so state responsibility, the
education administrative authorities at various levels strictly and shall be
supervised by the judicial relief. Disputes between citizens or schools and the
education administration, citizens and schools, and even the enactment of laws
that are unconstitutional, can seek the ultimate justice of the judiciary. Of
course, this rule of law must also be based on the understanding, observance,
application and trust of citizens to education laws. With this foundation, it
creates a good social environment for the implementation of education law.